“Am I to blame for the collision?”. This is a common question among nearly all drivers who get involved in auto accidents in Ontario and for good reasons. First, determining who was at fault for a certain crash will impact on how much compensation each individual involved in the crash can seek for personal injuries, property damage, and other damages associated with road accidents. Additionally, there is a good chance that the at-fault driver’s insurance premiums will increases by a significant percentage after the accident.

The process of establishing fault for an auto accident involves identifying who acted negligently or ‘carelessly.’ It is never easy to tell which driver or entity was responsible for a crash and, therefore, it is in your best interest to consult with an experienced lawyer.  Complicating things further is the possibility that multiple parties may be to blame for the accident. 

 

Fault determination: Is it important?

The concept of fault in vehicle accidents is what courts, insurance service providers, and parties to litigation use to allocate responsibility for damages resulting from a crash. To fully understand how this process is handled, you need to understand the three distinct components of insurance policies in Ontario.

  • The Statutory Accident Benefits Coverage: It is a policy that offers specific benefits to the insured no matter who is at fault.
  • The DC-PD Coverage (Direct Compensation-Direct Damage): This policy focuses on compensating an insured for the damages to his or her vehicle to a specific point that the other driver is found to be responsible for the auto crash.
  • Third-Party Liability Coverage: The policy pays for damages associated with a tort claim by the other driver (pedestrian, cyclist, or any other plaintiff) when you're to blame for a certain accident.

You, the victim of the accident, can seek compensation under his or her DC-PC policy or under the at-fault entity’s third-party liability insurance coverage up to the level that you were not at fault for the accident. If you were partially to blame, then, your compensation amount will be reduced based on your share of fault. For instance, if you were at fault for about 25%, the value of your personal injury compensation will be cut by 25%.

 

The statutory accident benefits: Here, the fault doesn’t matter

Keep in mind that in Ontario vehicle accidents, the fault doesn’t matter when it comes to the acquisition of statutory accident benefits. As mentioned earlier, statutory accident benefits remain to be a no-fault fraction of all auto insurance policies in Ontario. Thus, you are entitled to these benefits whether or not you are partially or fully responsible for the crash. As a driver, you are supposed to apply to your insurer for the accident benefits.

The most common statutory accident benefits are:

  • Medical-related and rehabilitation benefits
  • Replacement of your lost income of up to 70 percent of your gross income to a maximum of $400 per week
  • Special attendant care benefits

If you intend to recover more than these statutory benefits, then, consider filing a tort or DC-PD claim. Remember, compensation for such damages is entirely based on fault.

 

Establishing fault

Before we dive into the process of establishing fault, get this clear: you should never admit wrongdoing in any way while at the accident scene or when talking to other parties involved in the crash. Remember, anything you say could be used against you during the trial.

 

Determining fault: DC-PC claims (stick to the rules)

The province of Ontario has enacted specific rules for fault determination in accordance with the Insurance Act. These specific rules describe over 40 common crash scenarios and how fault is assigned in the accidents involving vehicular damage or other types of property damage.

Keep in mind that the rules that govern the process of establishing fault do not factor in the specific circumstances in which the crash occurred, such as road conditions, weather changes, or even visibility. While these issues are crucial when it comes to establishing fault in a tort claim, insurance service providers are allowed to ignore such factors for DC-PC reasons.

Rather, insurers compare the facts surrounding an auto accident to the specific scenario outlined in the Fault Determination Rules to identify what matches the case at hand. If nothing matches or there are not enough details regarding the collision to establish what happened clearly, then, the fault will be assigned based on the ‘ordinary law’ – the way the entire process is handled in a tort claim.

 

Determining fault: Tort Claim (negligence)

In all tort claims associated with auto accidents, fault is established based on evidence that proves beyond any reasonable doubt that one or more entities acted negligently, and as a result, an accident occurred. An entity is negligent if they fail to apply a level of care that a reasonable individual would have in similar circumstances.

Some example of negligence include running a red light, switching off headlights when driving at night, speeding, driving while under the influence of alcohol or other intoxicating substances, and driving recklessly. Distracted driving (failure to keep the expect lookout while driving) is also considered an act of negligence.

A driver or any other person whose negligence or recklessness causes a vehicle accident is at fault for that crash in a tort claim. In case you, the injured plaintiff and the defendant (at-fault entity) are found to be responsible for the road accident, the level of your contributory negligence will reduce your compensation amount.

 

Fault determination in a vehicle accident is crucial

Fault can impact the amount of compensation a victim of a crash gets through a tort claim or under his or her auto insurance. It can also affect the subsequent insurance premiums. Thus, proving that someone else was responsible for the accident, and you’re not to blame, is critical to get the full compensation amount for all medical-related expenses, property damage, loss of consortium, pain, and suffering, and more.

Nearly all types of personal injury cases are complicated. To prove the facts mentioned above, you need the help of a knowledgeable, experienced personal injury lawyer. The lawyer can analyse the details of your case, gather the right pieces of evidence, and represent you in court.